Shearman v. Jorgensen

This is an appeal from an order setting aside a default judgment. It is only in exceptional cases that orders of that kind will be reversed by this court, but those exceptional cases do arise, and we pass to an examination of the record.

Defendants’ demurrer to plaintiff’s complaint was overruled, and ten days given to answer. Plaintiff’s attorney, who resided in Alameda county, but had his law office in San Francisco, upon December 8, 1894, sent to defendants’ attorney, W. W. Davidson, by mail, a notification of the decision of the court in overruling the demurrer, and further notifying him…